Monday, August 21, 2017 7:13:58 PM
Going back through some of the IPR decisions. This stuck out for me.
Already set up for Oil States SCOTUS case if found unconstitutional.
Makes me think, in my honest opinion, WDDD will ask for a stay pending that case.
Alleged Unconstitutionality
Patent Owner argues that an unpatentability ruling in this
inter partes
review proceeding constitutes an impermissible taking of a private right without Article III oversight. PO Resp. 45
–
46. Petitioner responds that the U.S. Court of Appeals for the Federal Circuit has addressed such arguments and held that the
inter partes
review process is not unconstitutional. Reply 17. Petitioner is correct that the Federal Circuit has addressed the issue and rejected a challenge to the constitutionality of
inter partes
reviews as violative of Article III.
See
MCM Portfolio LLC v. Hewlett-Packard Co.
, 812 F.3d 1284, 1289
–
92 (Fed. Cir. 2015),
cert. denied
, 2016 WL 1724103 (U.S. Oct. 11, 2016).
Accordingly, we disagree with Patent Owner’s
arguments on this issue
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